06/03/2015
Witness Handling
(a) Examination in Chief
1. First think of the answer that you want to obtain, and then work out the question or questions that are necessary to obtain the desired answer.
2. Second, and where appropriate build your question on the preceding answer. This will help.
3. Keep questions short and simple, especially if the witness is not cooperative or is reluctant.
4. Beware of repeating a question to which you have not received the answer, which you require.
5. Avoid “leading questions”. A leading question is one, which suggests the answer or which contains an assumption as to the answer i.e. do not put an answer in the mouth of the witness.
6. Don’t ask questions like “What happened next?” This leads you to lose control of the story you want to get from the witness.
7. Use open but focused questions. A good tip is to start questions with words such as “Who”, “What”, “When”, “Where”, “Why” and “How”. You may also use “Describe”, “Explain”, “Tell”.
8. Set the scene, put characters in the scene and then roll out the action.
9. Use language which the client understands
10. Establish facts not your client’s conclusions or opinions.
(b) Cross examination
1. Understand the reasons for cross-examining. There are only two reasons to cross examine any witness:
• Undermining the reliability of evidence damaging the cross examiner’s client’s case, and
• Supporting the cross examiner’s client’s case by bringing out evidence which is favourable to it.
2. Keep questions short and simple, especially if the witness is antagonistic.
3. Beware of repeating a question to which you have not received the answer that you require. It gives the impression of weakness in your case.
4. Ask those questions first to which you expect to receive favourable answers
5. Ask only leading questions. Use closed questions. You may use words such as “Did” “Was” “Were” to begin your questions.
6. Don’t twist the evidence, or score cheap points but do emphasize relevant discrepancies.
7. Beware of asking one question too many which may undo the advantage that you have already scored.
8. Never ask a question in cross-examination to which you do not know the answer.
9. Keep cool even with an antagonistic or irritating witness. Do not become angry with the witness as this may also irritate the Court.
10. Do not argue with the witness.
11. Do not interrupt your witness.
12. As with an Examination in Chief think of the answer, which you want to obtain, then work out the questions, which are necessary to obtain that answer.
13. Ask short and direct questions. Aiming to get one point only.
14. Restrict questions to necessary areas.
15. Avoid “are you sure?” questions. Avoid statements like “I put to you..” or “I suggest….”
